Patna High Court
Ritesh Kumar Manjhi @ Sukhary @ Ritesh ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of illicit liquor was not made from the petitioner's conscious physical possession and procedural requirements under Section 103(4) were not satisfied.
Summary
The petitioner, Ritesh Kumar Manjhi, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, with 14.8 liters of liquor recovered. He contended that his name was based solely on villagers' disclosures, that there was no independent seizure list, and that the liquor was not found in his conscious physical possession, thereby violating Section 103(4) of the BNSS. The State opposed his application for anticipatory bail. The court examined the factual submissions and noted the lack of evidence of conscious possession, concluding that the prima facie case did not justify denial of bail. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail under Section 438 CrPC is warranted in the absence of conscious physical possession of the illicit liquor.
- Whether the seizure complied with Section 103(4) of the BNSS requiring an independent seizure list.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- conscious possession
- Section 30
- Section 438
- Section 103(4)
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40134 of 2026
Arising Out of PS. Case No.-124 Year-2026 Thana- RASULPUR District- Saran
======================================================
Ritesh Kumar Manjhi @ Sukhary @ Ritesh Manjhi, S/o- Dasharath Manjhi @
Dashrath Manjhi, R/o- Rasulpur Chatti Ps- Rasulpur Dist- Saran
.
.. ... Petitioner
Versus
The State of Bihar
.
.. ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Rasulpur P.S.
Case No.124 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 14.8 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.40134 of 2026(2) dt.23-06-2026
2/3
the petitioner that the name of petitioner transpired on the
basis of disclosure made by local villagers. It is submitted
that there was no independent seizure list witnesses, hence
non compliance of Section 103(4) of the BNSS. It is
submitted that the recovery of illicit liquor was not made
from conscious physical possession of the petitioner.
Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from conscious physical possession of
this petitioner, accordingly, the petitioner, above-named, in
the event of his arrest or surrender in the court below within
a period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned 2nd Exclusive Special Excise Judge,
Saran at Chapra, in connection with Rasulpur P.S. Case
No.124 of 2026, subject to the conditions as laid down
Patna High Court CR. MISC. No.40134 of 2026(2) dt.23-06-2026
3/3
under Section 438(2) of the CrPC/under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J)
aniket/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.